Thank you for presenting my request to the Board. As for posting your
article on my website, there is no real need because we agree with you
that drinking Raw Pasteurizing Milk can be hazardous. As a matter of
fact, we stated this in Section 8 of our Health Canada Submission, which
can be seem on our website, www.NaturalMilk.org. This is why we want
a differentiated product, Raw Drinking Milk, to be introduced to the
Ontario marketplace, as it is in every European country except Scotland
and in many US states.

Also please be advised that on July 30, 2008, Quebec introduced just
such a separate class of safe raw milk to be used in making raw milk
cheeses aged for less than 60 days. See Division 11.6 at:
http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/P_29/P29R1_A.HTM

I am reviewing all my options including taking legal action as a result
of the Board's position.

Thank you for your response. What I am asking the Board to do is acknowledge
a difference between raw milk and Raw Drinking Milk. Raw Drinking Milk
is milk produced at a higher standard than for raw milk such that pasteurization
is not necessary. Examples can be found in all European countries except
Scotland and in many US states.

I am not asking the Board to change its position on raw milk, but I
am asking the Board to approve a research project to evaluate the safety
of Raw Drinking Milk, using as a starting point any of the above noted
standards.

When will you present my comments and my request to the Board and when
will I hear of their response?

I apologize for not bringing this up before, but Section 3(1)(c) of
the MIlk Act requires the DFO, "to select, develop and maintain
research programs required for policy development and formulation".
Raw Drinking Milk would make an excellent selection, given that it is
sold in all Eruropean countries except Scotland and in many US states.
You therefore have a large number of existing regulations to choose
from, to see whether any would meet Canadian safety standards. And this
research could all be done without any sale or distribution of raw milk,
which is a big concern of yours. And furthermore, a positive outcome
would open the way for a new niche market - raw dairy products!

I recently spoke to Dr. Jeff Farber (see attached) who is the Director,
Bureau of Microbial Hazards at Health Canada. He would be more than
happy to provide a Safety Assessment on any Raw Drinking Milk research
you undertake. Perhaps you should speak with him (613-957-0880) and
clear up this misconception you have that health officials are against
Raw Drinking Milk. What they are all against is drinking the raw milk
currently produced in Ontario right now, but they are open to evaluating
the safety of milk produced under higher standards that would eliminate
the need for pasteurization.

Could you please tell me what the Board's position is with respect
to selecting Raw Drinking Milk for research under Section 3(1)(c) of
the Milk Act?

If, as you say, the consumption of raw milk has such serious associated
health risks then why do both the federal and provincial health laws
permit dairy farm families to freely consume it? The answer is that
under certain conditions raw milk can be safe to drink and many dairy
farmers know full well what these are, which is why they drink it and
confidently and legally distribute it to their families. As consumers,
we want that same milk and that same privilege but under a proper regulatory
regime. The proper approach has already been defined and codified in
all European countries except Scotland and in more than half of the
US states.

In my discussions with health department experts at both the federal
and provincial level, they recognize that raw drinking milk could be
made safely for off-farm consumption, but not with the current rules
which require pasteurization. So change the rules to also permit the
production of raw drinking milk and let consumers decide. The pioneering
work has already been done a long time ago.

You do realize that your response implicates the government in any
future legal or quasi-legal undertakings that would otherwise have been
directed against the DFO. These could include liability for damages
to any Ontario consumer who requires raw milk for health purposes and
to any Ontario raw milk producer who was been raided. I ask that you
reconsider your position and inform me within two weeks. Otherwise,
it would be appropriate to proceed with the Ontario Ombudsman and the
Competition Bureau.

I am writing in response to your e-mail dated May 7, 2008 regarding
your request that the Dairy Farmers of Ontario meet with you to discuss
your proposal.

Under Ontario’s Health Protection and Promotion Act, it is illegal
to deliver, distribute, sell or offer for sale milk that has not been
pasteurized or sterilized except to a processor licensed under the Milk
Act. In addition, the federal Food and Drug Regulations require that
all milk available for sale in Canada be pasteurized. These pieces of
legislation have been enacted due to the serious health risks associated
with the consumption of raw milk.

The Dairy Farmers of Ontario may not market raw milk directly to the
consumer and is under no obligation to lobby for changes to the legislation.
The Ontario Farm Products Marketing Commission will not intervene in
this matter.

You have been copied on my recent correspondence with the DFO. I am
now asking for your assistance in the matter of the DFO's abrogation
of its obligations under the Milk Act.

In exchange for their monopoly status, the Milk Act requires the DFO
to maximize Ontario's milk production consistent with consumer demand.
And as well, the current health legislation ensures the safety of drinking
milk for consumers by including pasteurization as a step in the production
process and it bans the distribution of raw milk to consumers.

There is, however, consumer demand for raw drinking milk and understandably
many consumers have become infected from consuming the raw milk currently
produced in Ontario. There are, however, milk production procedures
that are different from the ones currently used in Ontario, which can
render milk safe for consumers without the need for pasteurization.
These have been in place and documented since the 1890's. They are presently
used, among other places in England, France, Germany, Austria, Switzerland,
California, which have a combined population of 22 times that of Ontario.
If there was any safety problem with having a separate set of procedures
for raw drinking milk, I think it would have been discovered by now.

I have asked the DFO to initiate the process to make raw drinking milk
available in Ontario. They have refused by saying that it is against
the law to sell raw milk and they do not have the expertise to know
how to make raw milk safe. These reasons are invalid. There is no law
which restricts the DFO from developing a second set of production practices
to bring raw drinking milk to market and in fact the current law obligates
them to do so. As for expertise, they can hire consultants and start
with the published procedures of the above named jurisdictions.

Their refusal contravenes section 2(a) of the Milk Act.

Your commission represents the interests of all stakeholders, producers,
processors and consumers. As a consumer, I am asking for your intervention
in this matter.

What I hear you say is that you are not presently supplying raw drinking
milk because
(a) there is no law permitting it; and
(b) you do not plan to take any action to change this in the future.

I agree with part (a) but take exception to part (b) which is why I
request to meet with the Board.

What I'm saying for part (b) is that you have a responsibility under
the Milk Act to maximize Ontario's milk production, consumers are demanding
safe raw drinking milk including the former Ontario Minister of Finance,
and that you therefore have an obligation under the Milk Act to make
an application to the Health Department to supply it.

The expertise and the role of the Health Dept. is to review such applications
for public safety, but not to create them in the first instance. If
you would need some help with the application, I would be pleased to
assist you with obtaining the appropriate expertise.

Furthermore in a telephone conversation I had with the former head
of microbial hazards for Ontario, Dr. Fred Ruf, he said there were only
two reasons why raw drinking milk would not go forward,
(i) the cost to the government of putting in place the appropriate safety
monitoring system; and
(ii) the political optics of switching positions from disparaging raw
milk to now permitting it.

I therefore restate my request to meet with the Board to discuss part
(b) and I call upon Mr. Dave Hope for assistance.

This will acknowledge receipt of your e-mail and request to meet with
the Board.

In your commentary you mention a number of "Acts" but fail
to mention the Ontario Health Protection and Promotion Act. This Act
prevents the sale and distribution of milk in Ontario that has not been
pasteurized.

DFO relies on health officials who have the expertise to decide whether
or nor not drinking raw milk poses a health risk. DFO will not consider
any raw milk marketing initiatives as long as there is provinicial legislation
in place that prevents its sale. Further, DFO does not have any intention
to lobby to have health legislation changed because we do not have the
expertise to say whether or not raw milk poses a health risk.

The Board's position on this issue is very clear, as is yours. Arranging
a meeting would not be a productive use of your time or the Board's.

Notwithstanding, I will make the Board aware of your comments and my
response at their next Meeting on March 26/27, 2008 and if they decide
they would like to meet with you, I will so advise.

Thank you for your response and for taking the time to present my request
to the Board.

As I presume you are aware, the issue of having safe raw drinking milk
is simply a matter of establishing a second level of higher production
and testing standards, as in England, France, Germany, Austria, Switzerland,
California, etc.

The negative response of the Board, however, places the DFO in violation
of the Milk Act, the Competition Act and the opinion of your previous
Chairman, Mr. Gord Coukell.

The Milk Act grants the DFO a monopoly on the distribution of milk
within Ontario and in return expects the DFO, "to stimulate, increase
and improve the producing of milk within Ontario." By refusing
to market raw drinking milk, the DFO is in clear violation of this public
trust. Dairy farmers that want to provide this niche market product
are prohibited and driven out of business and overall milk production
and consumption are reduced.

The Competition Act declares your Board's position to be an "anti-competitive
act" under section 78(1)g, i.e., "adoption of product specifications
that are incompatible with products produced by any other person and
are designed to prevent his entry into, or to eliminate him from, a
market." Such is the case most assuredly with respect to Michael
Schmidt, and toward all raw drinking milk producers.

The Board's position is also at variance with the opinion of its prior
Chairman, Mr. Gord Coukell, who agreed with me in a telephone conversation
that raw drinking milk was feasible at a cost of about 50% more than
conventional milk and that it could be brought in under the existing
quota system. I would like to understand why it is that the current
Board is unable to arrive at such an elementary conclusion.

Therefore I request to meet in person with the Board to discuss these
issues and try to reach a mutually agreeable resolution.

I look forward to your response.

I have also copied Mr. Dave Hope, Chair of the Ontario Farm Products
Marketing Commission, with my request.

The Board considered your correspondence at their meeting on October
29 and 30, 2007 and simply wishes to respond by stating that it supports
the current position of Dairy Farmers of Canada (DFC) on pasteurization
/ raw milk, which is as follows, "With the exception of certain
raw milk cheeses, DFC supports the legislation in place in all provinces
and at the federal level that requires the pasteurization of raw milk".

Thank you for our telephone conversation today and for offering to
present the following to the Board.

I represent consumers interested in legalizing the sale of raw milk
directly from farmers to consumers. November 26 will be the first anniversary
of the raid on Michael Schmidt's farm and we are planning a number of
visible activities and events including a press conference to further
our goal. We are asking the Board for a letter of support for our initiative
along the lines of, "Provided the government puts in place a system
that effectively monitors and controls the microbial safety of raw milk
for human consumption, we support the right of individual consumers
to purchase raw milk directly from farmers." If you are not willing
to provide this, then on November 26, raw milk advocates will be publicly
adding their voices to those who want an end to the quota system, and/or
to bring about a combines investigation into the pricing practices of
the DFO as they did in England which resulted in wiping out quota values,
and we will look for any and every opportunity to bring negative publicity
to the DFO and their practices.